senate Bill S7554A

Requires the NYC housing authority to provide a notice of opportunity to meet to discuss possible termination of tenancy when an occupant is aged 62 years or older

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / May / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 16 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 16 / Jun / 2014
    • PRINT NUMBER 7554A
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1568
  • 20 / Jun / 2014
    • PASSED SENATE
  • 20 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2014
    • REFERRED TO HOUSING

Summary

Requires the NYC housing authority to provide a notice of opportunity to meet to discuss possible termination of tenancy when an occupant is aged 62 years or older.

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Bill Details

See Assembly Version of this Bill:
A8818B
Versions:
S7554
S7554A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Public Housing Law
Laws Affected:
Add ยง402-c, Pub Hous L

Sponsor Memo

BILL NUMBER:S7554A

TITLE OF BILL: An act to amend the public housing law, in relation to
requiring the New York city housing authority to provide elderly
tenants with notice of opportunity to meet to discuss possible
termination of tenancy

PURPOSE OR GENERAL IDEA OF BILL: To give elderly NYCHA residents
adequate notice of and ability to respond to termination of tenancy
proceedings.

SUMMARY OF SPECIFIC PROVISIONS: Subdivision (a) of this bill would
require the New York City Housing Authority (NYCHA) to personally
serve a household having a tenant or occupant of record age 62 or
older, and mail to the household unit by certified and first-class
mail, with any termination of tenancy notice (also called a 'notice of
charges'). This termination of tenancy notice would not allow NYHCA to
schedule any termination of tenancy hearing less than 30 days from the
service date of the notice. Subdivision (b) would require that NYCHA
project managers arrange to meet with a household having an elderly
tenant within seven days after service of the termination of tenancy
notice, in order to discuss the termination of tenancy, or, within
fourteen days after personal service, if such extension is so
requested by a tenant.

JUSTIFICATION: While NYCHA has termination of tenancy policies, many
seniors, who have lived in NYCHA housing for decades, have faced
sudden evictions without adequate knowledge about, notice of, or
ability to respond to termination proceedings. Many of NYCHA's elderly
residents suffer from disabilities or illnesses that require them to
employ the aid of family members or legal representatives, or be
provided more time than might otherwise be required to terminate
tenancy. Recognizing that, while NYCHA may pursue legitimate breaches
of tenancy agreements, this bill balances that interest with the fact
that many NYCHA seniors have not been afforded the necessary
opportunity to defend themselves against termination of tenancy
proceedings. Given the serious implications of pushing elderly New
Yorkers out of affordable housing, this bill gives more structure to
termination of tenancy process as applied to seniors.

PRIOR LEGISLATIVE HISTORY: This is a new legislation.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7554--A

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sens.  LANZA, PERKINS -- read twice and ordered printed,
  and when  printed  to  be  committed  to  the  Committee  on  Housing,
  Construction  and  Community Development -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the public housing law, in relation to requiring the New
  York  city housing authority to provide elderly tenants with notice of
  opportunity to meet to discuss possible termination of tenancy

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public housing law is amended by adding a new section
402-c to read as follows:
  S 402-C. NOTICE OF PRE-TERMINATION MEETING. 1. WHEN THE NEW YORK  CITY
HOUSING  AUTHORITY MAILS NOTICE OF A PRE-TERMINATION MEETING TO A HOUSE-
HOLD HAVING AN AUTHORIZED OCCUPANT OVER THE AGE OF SIXTY-TWO YEARS, SUCH
AUTHORITY SHALL INCLUDE WITH SUCH NOTICE A NOTIFICATION THAT THE  TENANT
LESSEE  HAS THE OPPORTUNITY TO MEET WITH THE PROPERTY MANAGER, OR HIS OR
HER DESIGNEE, TO DISCUSS  THE  POSSIBLE  TERMINATION  OF  TENANCY.  SUCH
NOTICE SHALL BE MAILED TO SUCH HOUSEHOLDS BY CERTIFIED AND REGULAR MAIL.
  2.  THE  PROPERTY  MANAGER, OR HIS OR HER DESIGNEE, SHALL SCHEDULE THE
PRE-TERMINATION MEETING NO MORE THAN SEVEN DAYS AFTER THE DATE OF  MAIL-
ING  OF  THE  NOTICE OF PRE-TERMINATION MEETING; PROVIDED, HOWEVER, THAT
THE MEETING MAY OCCUR UP TO FOURTEEN DAYS AFTER THE DATE OF  MAILING  IF
SO  REQUESTED  BY  A TENANT LESSEE. SUCH PRE-TERMINATION NOTICE SHALL BE
MAILED AT LEAST FORTY-FIVE DAYS BEFORE THE DATE FIXED FOR A  TERMINATION
OF  TENANCY  HEARING  BEFORE A HEARING OFFICER, EXCEPT THAT THE NEW YORK
CITY HOUSING AUTHORITY MAY GIVE NOT LESS THAN FIFTEEN DAYS NOTICE BEFORE
THE DATE FIXED FOR A TERMINATION OF TENANCY  HEARING  BEFORE  A  HEARING
OFFICER IF THE CHARGES ARE BASED ON NON-DESIRABILITY.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13883-08-4

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